King
King v. Mabaquio CA4/2
Opinion
Opinion
I. BACKGROUND
Mabaquio and King lived in adjacent mobile homes in Loma Linda, California.
According to King, Mabaquio “hired [her] as a Personal Assistant from June 2014
through May 2016” for a monthly $2000 wage. Mabaquio asserts that she thought King
1 Undesignated statutory references are to the Code of Civil Procedure.
2 “was just helping [her] as a friend” with various matters, without any request for 2 compensation.
In February 2015, Mabaquio executed a durable power of attorney in favor of
King. The power of attorney authorized King to act on Mabaquio’s behalf, particularly
with respect to management of certain rental properties Mabaquio owned and a lawsuit in
which Mabaquio was a party, but also with “general authority” to “take full charge of all
[of Mabaquio’s] property, real and personal, tangible and intangible,” and “to do any and
all acts in [Mabaquio’s] name which [Mabaquio] could do if personally present.”
Mabaquio avers that she executed the power of attorney “with the proviso” that King
“could not use the power of attorney or any of [Mabaquio’s] money for King’s own
personal benefit.” That limitation, however, was not express in the power of…